The Right To Information The Right To Information Act, 2005Act, 2005

Shankar BoseShankar Bose

Inspector of Income-taxInspector of Income-tax

MSTU, PuriMSTU, Puri

What does right to information meansWhat does right to information means

About RTIAbout RTI

• When does it come into force?When does it come into force?• It came into force on the 12th October, It came into force on the 12th October,

2005 2005

• Who is covered?Who is covered? • The Act extends to the whole of India The Act extends to the whole of India

except the State of Jammu and Kashmir except the State of Jammu and Kashmir

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• What does information mean?What does information mean? • Information means any material in any form Information means any material in any form

including records, documents, memos, e-including records, documents, memos, e-mails, opinions, advices, press releases, mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held papers, samples, models, data material held in any electronic form and information in any electronic form and information relating to any private body which can be relating to any private body which can be accessed by a public authority under any accessed by a public authority under any other law for the time being in force but does other law for the time being in force but does not include "file notings" not include "file notings"

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What does Right to Information mean?What does Right to Information mean? It includes the right to – It includes the right to – inspect works, documents, records. inspect works, documents, records. take notes, extracts or certified copies of take notes, extracts or certified copies of

documents or records. documents or records. take certified samples of material. take certified samples of material. obtain information in form of printouts, obtain information in form of printouts,

diskettes, floppies, tapes, video cassettes diskettes, floppies, tapes, video cassettes or in any other electronic mode or through or in any other electronic mode or through printouts printouts

Who are the officers & what are their obligationsWho are the officers & what are their obligations

What are the obligations of public What are the obligations of public authority?authority?

It shall publish within one hundred and It shall publish within one hundred and twenty days of the enactment:-twenty days of the enactment:-

the particulars of its organization, the particulars of its organization, functions and duties;functions and duties;

the powers and duties of its officers and the powers and duties of its officers and employees;employees;

the procedure followed in its decision the procedure followed in its decision making process, including channels of making process, including channels of supervision and accountability;supervision and accountability;

RTIRTI the norms set by it for the discharge of its functions;the norms set by it for the discharge of its functions; the rules, regulations, instructions, manuals and the rules, regulations, instructions, manuals and

records used by its employees for discharging its records used by its employees for discharging its functions;functions;

a statement of the categories of the documents held a statement of the categories of the documents held by it or under its control;by it or under its control;

the particulars of any arrangement that exists for the particulars of any arrangement that exists for consultation with, or representation by the members consultation with, or representation by the members of the public, in relation to the formulation of policy or of the public, in relation to the formulation of policy or implementation thereof;implementation thereof;

a statement of the boards, councils, committees and a statement of the boards, councils, committees and other bodies consisting of two or more persons other bodies consisting of two or more persons constituted by it. Additionally, information as to constituted by it. Additionally, information as to whether the meetings of these are open to the public, whether the meetings of these are open to the public, or the minutes' of such meetings are accessible to the or the minutes' of such meetings are accessible to the public;public;

RTIRTI a directory of its officers and employees;a directory of its officers and employees; the monthly remuneration received by each of its the monthly remuneration received by each of its

officers and employees, including the system of officers and employees, including the system of compensation as provided in its regulations;compensation as provided in its regulations;

the budget allocated to each of its agency, the budget allocated to each of its agency, indicating the particulars of all plans, proposed indicating the particulars of all plans, proposed expenditures and reports on disbursements expenditures and reports on disbursements made;made;

the manner of execution of subsidy programmes, the manner of execution of subsidy programmes, including the amounts allocated and the details including the amounts allocated and the details and beneficiaries of such programmes;and beneficiaries of such programmes;

particulars of recipients of concessions, permits particulars of recipients of concessions, permits or authorizations granted by it;or authorizations granted by it;

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details of the information available to, or details of the information available to, or held by it, reduced in an electronic form;held by it, reduced in an electronic form;

the particulars of facilities available to the particulars of facilities available to citizens for obtaining information, citizens for obtaining information, including the working hours of a library or including the working hours of a library or reading room, if maintained for public use;reading room, if maintained for public use;

the names, designations and other the names, designations and other particulars of the Public Information particulars of the Public Information OfficersOfficers

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What does a "public authority" mean?What does a "public authority" mean? It means any authority or body or It means any authority or body or

institution of self-government established institution of self-government established or constitutedor constituted

by or under the Constitution;by or under the Constitution; by any other law made by Parliament;by any other law made by Parliament; by any other law made by State by any other law made by State

Legislature;Legislature;

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by notification issued or order made by by notification issued or order made by the appropriate Government and includes the appropriate Government and includes any-any-

body owned, controlled or substantially body owned, controlled or substantially financedfinanced

non-Government organization non-Government organization substantially financed  directly or substantially financed  directly or indirectly by the appropriate Governmentindirectly by the appropriate Government

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Who are Public Information Officers Who are Public Information Officers (PIOs)?(PIOs)?PIOs are officers designated by the PIOs are officers designated by the public authorities in all administrative public authorities in all administrative units or offices under it to provide units or offices under it to provide information to the citizens requesting for information to the citizens requesting for information under the Act. Any officer, information under the Act. Any officer, whose assistance has been sought by the whose assistance has been sought by the PIO for the proper discharge of his or her PIO for the proper discharge of his or her duties, shall render all assistance and for duties, shall render all assistance and for the purpose of contraventions of the the purpose of contraventions of the provisions of this Act, such other officer provisions of this Act, such other officer shall be treated as a PIO.shall be treated as a PIO.

What information is available?What information is available?    

What is not open to disclosure?What is not open to disclosure?The The following is exempt from disclosure:-following is exempt from disclosure:-

information, disclosure of which would information, disclosure of which would prejudicially affect the sovereignty and integrity prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or of India, the security, strategic, scientific or economic interests of the State, relation with economic interests of the State, relation with foreign State or lead to incitement of an offence foreign State or lead to incitement of an offence

information which has been expressly forbidden information which has been expressly forbidden to be published by any court of law or tribunal to be published by any court of law or tribunal or the disclosure of which may constitute or the disclosure of which may constitute contempt of court; contempt of court;

information, the disclosure of which would information, the disclosure of which would cause a breach of privilege of Parliament or the cause a breach of privilege of Parliament or the State Legislature; State Legislature;

RTIRTI information including commercial confidence, trade secrets information including commercial confidence, trade secrets

or intellectual property, the disclosure of which would harm or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the the competitive position of a third party, unless the competent authority is satisfied that larger public interest competent authority is satisfied that larger public interest warrants the disclosure of such information;  warrants the disclosure of such information; 

information available to a person in his fiduciary information available to a person in his fiduciary relationship, unless the competent authority is satisfied that relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such the larger public interest warrants the disclosure of such information; information;

information received in confidence from foreign information received in confidence from foreign Government; Government;

information, the disclosure of which would endanger the life information, the disclosure of which would endanger the life or physical safety of any person or identify the source of or physical safety of any person or identify the source of information or assistance given in confidence for law information or assistance given in confidence for law enforcement or security purposes enforcement or security purposes

RTIRTI information which would impede the process of information which would impede the process of

investigation or apprehension or prosecution of investigation or apprehension or prosecution of offenders; offenders;

cabinet papers including records of deliberations of cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other the Council of Ministers, Secretaries and other officers; officers;

information which relates to personal information information which relates to personal information the disclosure of which has no relationship to any the disclosure of which has no relationship to any public activity or interest, or which would cause public activity or interest, or which would cause unwarranted invasion of the privacy of the unwarranted invasion of the privacy of the individual; individual;

Notwithstanding any of the exemptions listed above, Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if a public authority may allow access to information, if public interest in disclosure outweighs the harm to public interest in disclosure outweighs the harm to the protected interests.the protected interests.

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Is partial disclosure allowed?Is partial disclosure allowed?

Only that part of the record which does Only that part of the record which does not contain any information which is not contain any information which is exempt from disclosure and which can exempt from disclosure and which can reasonably be severed from any part that reasonably be severed from any part that contains exempt information, may be contains exempt information, may be provided. provided.

Who is excluded?Who is excluded? Central Intelligence and Security agencies specified in the Central Intelligence and Security agencies specified in the

Second Schedule like IB, R&AW, Directorate of Revenue Second Schedule like IB, R&AW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide these organizations have an obligation to provide information pertaining to allegations of corruption and information pertaining to allegations of corruption and human rights violations. Further, information relating to human rights violations. Further, information relating to allegations of human rights valuations could be given but allegations of human rights valuations could be given but only with the approval of the Central or State Information only with the approval of the Central or State Information Commission, as the case may be …………Commission, as the case may be …………

Procedure for Request of InformationProcedure for Request of Information

   What is the Application Procedure for What is the Application Procedure for

requesting information?requesting information? Apply in writing or through electronic means Apply in writing or through electronic means

in English or Hindi or in the official language in English or Hindi or in the official language of the area, to the PIO, specifying the of the area, to the PIO, specifying the particulars of the information sought for. particulars of the information sought for.

Reason for seeking information are not Reason for seeking information are not required to be given; required to be given;

Pay fees as may be prescribed (if not Pay fees as may be prescribed (if not belonging to the below poverty line belonging to the below poverty line category). category).

RTIRTI What is the time limit to get the information?What is the time limit to get the information? 30 days from the date of application 30 days from the date of application 48 hours for information concerning the life and 48 hours for information concerning the life and

liberty of a person liberty of a person 5 days shall be added to the above response time, 5 days shall be added to the above response time,

in case the application for information is given to in case the application for information is given to Assistant Public Information Officer.   Assistant Public Information Officer.  

If the interests of a third party are involved then If the interests of a third party are involved then time limit will be 40 days (maximum period + time time limit will be 40 days (maximum period + time given to the party to make representation).   given to the party to make representation).  

Failure to provide information within the specified Failure to provide information within the specified period is a deemed refusal. period is a deemed refusal.

RTIRTI What is the fee?What is the fee? Application fees to be prescribed which must be Application fees to be prescribed which must be

reasonable. reasonable. If further fees are required, then the same must If further fees are required, then the same must

be intimated in writing with calculation details of be intimated in writing with calculation details of how the figure was arrived at; how the figure was arrived at;

Applicant can seek review of the decision on fees Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate charged by the PIO by applying to the appropriate Appellate Authority; Appellate Authority;

No fees will be charged from people living below No fees will be charged from people living below the poverty line the poverty line

Applicant must be provided information free of Applicant must be provided information free of cost if the PIO fails to comply with the prescribed cost if the PIO fails to comply with the prescribed time limit. time limit.

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What could be the ground for What could be the ground for rejection?rejection?

If it is covered by exemption from If it is covered by exemption from disclosure. disclosure.

If it infringes copyright of any person other If it infringes copyright of any person other than the State. than the State.

Information CommissionsInformation Commissions

    How is Central Information Commission constituted?How is Central Information Commission constituted? Central Information Commission to be constituted by the Central Information Commission to be constituted by the

Central Government through a Gazette Notification.    Central Government through a Gazette Notification.    Commission includes 1 Chief Information Commissioner Commission includes 1 Chief Information Commissioner

(CIC) and not more than 10 Information Commissioners (IC) (CIC) and not more than 10 Information Commissioners (IC) who will be appointed by the President of India.  who will be appointed by the President of India. 

Oath of Office will be administered by the President of India Oath of Office will be administered by the President of India according to the form set out in the First Schedule.  according to the form set out in the First Schedule. 

Commission shall have its Headquarters in Delhi. Other Commission shall have its Headquarters in Delhi. Other offices may be established in other parts of the country offices may be established in other parts of the country with the approval of the Central Government.  with the approval of the Central Government. 

Commission will exercise its powers without being Commission will exercise its powers without being subjected to directions by any other authority. subjected to directions by any other authority.

RTIRTI What is the eligibility criteria and what is the What is the eligibility criteria and what is the

process of appointment of CIC/IC?process of appointment of CIC/IC? Candidates for CIC/IC must be persons of eminence in Candidates for CIC/IC must be persons of eminence in

public life with wide knowledge and experience in law, public life with wide knowledge and experience in law, science and technology, social service, management, science and technology, social service, management, journalism, mass media or administration and governance. journalism, mass media or administration and governance.

CIC/IC shall not be a Member of Parliament or Member of CIC/IC shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory. He shall not the Legislature of any State or Union Territory. He shall not hold any other office of profit or connected with any hold any other office of profit or connected with any political party or carrying on any business or pursuing any political party or carrying on any business or pursuing any profession. profession.

Appointment Committee includes Prime Minister (Chair), Appointment Committee includes Prime Minister (Chair), Leader of the Opposition in the Lok Sabha and one Union Leader of the Opposition in the Lok Sabha and one Union Cabinet Minister to be nominated by the Prime Minister.   Cabinet Minister to be nominated by the Prime Minister.  

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What is the term of office and other What is the term of office and other service conditions of CIC? service conditions of CIC? 

CIC shall be appointed for a term of 5 CIC shall be appointed for a term of 5 years from date on which he enters upon years from date on which he enters upon his office or till he attains the age of 65 his office or till he attains the age of 65 years, whichever is earlier.  years, whichever is earlier. 

CIC is not eligible for reappointment.  CIC is not eligible for reappointment.  Salary will be the same as that of the Chief Salary will be the same as that of the Chief

Election Commissioner. This will not be Election Commissioner. This will not be varied to the disadvantage of the CIC varied to the disadvantage of the CIC during service.during service.

RTIRTI What is the term of office and other service What is the term of office and other service

conditions of IC?conditions of IC? IC shall hold office for a term of five years from IC shall hold office for a term of five years from

the date on which he enters upon his office or till the date on which he enters upon his office or till he attains the age of sixty-five years, whichever he attains the age of sixty-five years, whichever is earlier and shall not be eligible for is earlier and shall not be eligible for reappointment as IC. reappointment as IC.

Salary will be the same as that of the Election Salary will be the same as that of the Election Commissioner. This will not be varied to the Commissioner. This will not be varied to the disadvantage of the IC during service. disadvantage of the IC during service.

IC is eligible for appointment as CIC but will not IC is eligible for appointment as CIC but will not hold office for more than a total of five years hold office for more than a total of five years including his/her term as IC. including his/her term as IC.

RTIRTI How is the State Information Commission How is the State Information Commission

constituted?constituted? The State Information Commission will be constituted by The State Information Commission will be constituted by

the State Government through a Gazette notification. It will the State Government through a Gazette notification. It will have one State Chief Information Commissioner (SCIC) and have one State Chief Information Commissioner (SCIC) and not more than 10 State Information Commissioners (SIC) to not more than 10 State Information Commissioners (SIC) to be appointed by the Governor. be appointed by the Governor.

Oath of office will be administered by the Governor Oath of office will be administered by the Governor according to the form set out in the First Schedule. according to the form set out in the First Schedule.

The headquarters of the State Information Commission The headquarters of the State Information Commission shall be at such place as the State Government may shall be at such place as the State Government may specify. Other offices may be established in other parts of specify. Other offices may be established in other parts of the State with the approval of the State Government. the State with the approval of the State Government.

The Commission will exercise its powers without being The Commission will exercise its powers without being subjected to any other authority. subjected to any other authority.

What are the duties of a PIO?What are the duties of a PIO? PIO shall deal with requests from persons seeking PIO shall deal with requests from persons seeking

information and where the request cannot be information and where the request cannot be made in writing, to render reasonable assistance made in writing, to render reasonable assistance to the person to reduce the same in writing. to the person to reduce the same in writing.

If the information requested for is held by or its If the information requested for is held by or its subject matter is closely connected with the subject matter is closely connected with the function of another public authority, the PIO shall function of another public authority, the PIO shall transfer, within 5 days, the request to that other transfer, within 5 days, the request to that other public authority and inform the applicant public authority and inform the applicant immediately. immediately.

PIO may seek the assistance of any other officer PIO may seek the assistance of any other officer for the proper discharge of his/her duties. for the proper discharge of his/her duties.

RTIRTI PIO, on receipt of a request, shall as expeditiously PIO, on receipt of a request, shall as expeditiously

as possible, and in any case within 30 days of the as possible, and in any case within 30 days of the receipt of the request, either provide the receipt of the request, either provide the information on payment of such fee as may be information on payment of such fee as may be prescribed or reject the request for any of the prescribed or reject the request for any of the reasons specified in S.8 or S.9. reasons specified in S.8 or S.9.

Where the information requested for concerns the Where the information requested for concerns the life or liberty of a person, the same shall be life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of provided within forty-eight hours of the receipt of the request. the request.

If the PIO fails to give decision on the request If the PIO fails to give decision on the request within the period specified, he shall be deemed to within the period specified, he shall be deemed to have refused the request. have refused the request.

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Where a request has been rejected, the PIO Where a request has been rejected, the PIO shall communicate to the requester - (i) the shall communicate to the requester - (i) the reasons for such rejection, (ii) the period reasons for such rejection, (ii) the period within which an appeal against such within which an appeal against such rejection may be preferred, and (iii) the rejection may be preferred, and (iii) the particulars of the Appellate Authority. particulars of the Appellate Authority.

PIO shall provide information in the form in PIO shall provide information in the form in which it is sought unless it would which it is sought unless it would disproportionately divert the resources of disproportionately divert the resources of the Public Authority or would be detrimental the Public Authority or would be detrimental to the safety or preservation of the record to the safety or preservation of the record in question.  in question. 

RTIRTI If allowing partial access, the PIO shall If allowing partial access, the PIO shall

give a notice to the applicant, informing: give a notice to the applicant, informing: that only part of the record requested, that only part of the record requested,

after severance of the record containing after severance of the record containing information which is exempt from information which is exempt from disclosure, is being provided;disclosure, is being provided;

the reasons for the decision, including any the reasons for the decision, including any findings on any material question of fact, findings on any material question of fact, referring to the material on which those referring to the material on which those findings were based;findings were based;

the name and designation of the person the name and designation of the person giving the decision;giving the decision;

RTIRTI the details of the fees calculated by him or her the details of the fees calculated by him or her

and the amount of fee which the applicant is and the amount of fee which the applicant is required to deposit; andrequired to deposit; and

his or her rights with respect to review of the his or her rights with respect to review of the decision regarding non-disclosure of part of the decision regarding non-disclosure of part of the information, the amount of fee charged or the information, the amount of fee charged or the form of access provided.form of access provided.

If information sought has been supplied by third If information sought has been supplied by third party or is treated as confidential by that third party or is treated as confidential by that third party, the PIO shall give a written notice to the party, the PIO shall give a written notice to the third party within 5 days from the receipt of the third party within 5 days from the receipt of the request and take its representation into request and take its representation into consideration.consideration.

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Third party must be given a chance to Third party must be given a chance to make a representation before the PIO make a representation before the PIO within 10 days from the date of receipt of within 10 days from the date of receipt of such notice.such notice.

What should I do if the PIO or the concerned What should I do if the PIO or the concerned Department does not accept my application?Department does not accept my application?

You can send it by post. You should also You can send it by post. You should also make a formal complaint to the respective make a formal complaint to the respective Information Commission under section 18. Information Commission under section 18.

The Information Commissioner has the The Information Commissioner has the power to impose a penalty of Rs 25000 on power to impose a penalty of Rs 25000 on the concerned officer who refused to the concerned officer who refused to accept your application.accept your application.

Is there a time limit to receiving information?Is there a time limit to receiving information?

Yes. If you file your application with the Yes. If you file your application with the PIO, you must receive information within PIO, you must receive information within 30 days. 30 days.

In case you have filed your application In case you have filed your application with Assistant PIO then information has to with Assistant PIO then information has to be made available within 35 days.be made available within 35 days.

In case the matter to which the In case the matter to which the information pertains affects the life and information pertains affects the life and liberty of an individual, information has to liberty of an individual, information has to be made available in 48 hours.be made available in 48 hours.

What can I do if I do not receive information?What can I do if I do not receive information?

If you do not receive information or are If you do not receive information or are dissatisfied with the information received, dissatisfied with the information received, you can file an appeal with the first you can file an appeal with the first appellate authority under section 19 (1) of appellate authority under section 19 (1) of the right to Information Act.the right to Information Act.

Who is a First Appellate authority?Who is a First Appellate authority? Every public authority must designate a Every public authority must designate a

First Appellate Authority. This officer First Appellate Authority. This officer designated is the officer senior in rank to designated is the officer senior in rank to your PIO.your PIO.

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In how many days can I file my first appeal?In how many days can I file my first appeal? You can file your first appeal within 30 days You can file your first appeal within 30 days

of receipt of information or within 60 days of receipt of information or within 60 days of filing RTI application (if no information of filing RTI application (if no information received).received).

What if I do not receive the information What if I do not receive the information after the first appeal process?after the first appeal process?

If you do not receive information even after If you do not receive information even after the first appeal then you can take the the first appeal then you can take the matter forward to the second appeal stagematter forward to the second appeal stage

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What is a second appeal?What is a second appeal? A second appeal is the last option under A second appeal is the last option under

the RTI Act to get the information the RTI Act to get the information requested. You can file second appeal with requested. You can file second appeal with the Information Commission. For appeals the Information Commission. For appeals against Central Government Departments, against Central Government Departments, you have Central Information Commission you have Central Information Commission (CIC). For every state Government, there is (CIC). For every state Government, there is a State Information Commission.a State Information Commission.

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In how many days can I file my In how many days can I file my second appeal?second appeal?

You can file your second appeal within 90 You can file your second appeal within 90 days of disposal of first appeal or within 90 days of disposal of first appeal or within 90 days of the date, by when first appeal was days of the date, by when first appeal was to be decided. to be decided.

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Thank You!!!Thank You!!!